Response to Response (affidavit)

Responding to an affidavit for temporary relief is important and must be discussed with the client to determine if we do a response to a response.

Rule 303.03 that the following 2 types of responsive pleadings be submitted 5 days prior to the hearing

1. a response to a response that raises new issues.
2. a response to the initial pleadings.

When drafting a response to a response only focus on the following

1. Big errors:  don’t focus on little mistakes on dates or times.  The key is pointing out big inconsistency to the Judge.
2. New Claims:  if there are new claims or allegations like “he used meth” or “he beat the kids” they must be addressed.
3. Use Headings:  This makes it clear to the Judge what you are talking about:
4. Details, Details, Details:

EXAMPLE:

CLAIM OF ABUSE

Respondent makes the claim that I abused our child, Sally, this is absolutely not true!  I have never physically disciplined her that includes hitting or slapping or do anything physical.  Furthermore, Respondent makes the claim that this was done 8 years ago, this is outrageous as its the first I’ve ever heard of this claim and she has no other proof at all.  There are no statements from her family or friends, the police weren’t called and what’s the most troubling is that if this was true and she truly feels I am a danger to my daughter, why has she left me alone with her so many times over the past 8 years.  Exhibit B lists all the times I could of I have been left alone and you can see it is literally over one hundred times.